HomeMy WebLinkAbout1986-262
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RESOLUTION NO. Rfi 7fi7
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A NEW STANDARD FORM AGREEMENT AND RELEASE OF THE
3 EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED
IN TRACT NO. 10979, LOCATED EAST OF PINE AVENUE BETWEEN BELMONT
4 AVENUE AND IRV INGTON AVENUE.
5 BE IT RESOLVED BY THE MAYOR AND CDMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECT ION 1.
The Mayor and Common Council fi nd tha t
proposed Subdivision Tract No. 10979, located East of Pine
Avenue between Bel mont Avenue and Irvington Avenue, together
with the provisions for its design and improvements is consis-
tent with the General Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is
authorized on behalf of said City to execute the Standard Form
of Agreement, adopted by Resol uti on No. 84-8, wi th Forecast
Mortgage Corporation and release the existing agreement with
Orange Coast Title Company, for the improvements in said Sub-
division Tract as are required by Title 18, Municipal Code of
City and the California Subdivision Map Act. The time for
performance is specified at 24 months. Said improvements are
specifically described and shown on Drawing No. 5890 and 5891
approved and on file in the Office of the City Engineer of the
City of San Bernardino.
SECTION 3.
The Subdivider shall first execute the
agreement referenced in Section 2 hereof for the improvements
within said subdivision. The City Clerk shall certify the
approval and acceptance of the Mayor and Common Council as set
forth in this resolution.
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1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
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3 Bernardino at a reaular
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7th
day 0 f
5 to-wit:
meeting thereof, held on the
Julv
, 1986, by the fOllowing vote,
AYES:
Council Members RAilly HArnnnnA7. M~rk~
NAYS:
ABSENT:
On;pl !=:+r;(""klp,r
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The foregoi ng resol uti on is hereby approved thi s Ie) d
day of
.1111y
Approved as to form:
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Ci ty Attorney
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A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this 6th day of
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August
, 198 , by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
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Pore cast IVIortgap:e Cornoratic>d1ereinafter referred to as
"Subdivider".
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R E C I TAL S :
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Subdivider has presented to City for approval a final sub-
11 division map (hereinafter called "map") entitled" Tract
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#10979 Lots 1 through 86
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The map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval,
which map is hereby referred to and incorporated herein.
Subdivider has requested approval of the map prior to the con-
struction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivision")
designated in the map, all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in,
appurtenant to, or outside the limits of subdivision, which plans and
specifications are now on file in the office of the City Engineer of
City.
Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first
enter into and execute this agreement with the City.
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This agreement is executed pursuant to the provisions of the Sub-
division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
offered, and in order to insure satisfactory performance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in .I good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Enginee~ of City
the work and improvements within (and/or wi~hout) the
subdivision to complete the improvements in accordance
with the plans and specifications on file a:; hereinbefore
specified, or with any changes required or ordered by said
Engineer, which in his opinion are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed by Engineer
All of said work is to be done at the places, of the
materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, here-
tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
Engineer.
3. Work: Time for Commencement and Performance
City hereby fixes the time for the completion of said
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work to be within 24 months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the Citv Entlineer ma," extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Subdivider's suretv,
and extensions so granted shall not relieve the surety's liabilitv
on the bond to secure the faithful performance of this agreement.
The City Engineer shall be the sole and final judge as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair, or have
repaired, as the case may be, aTl pipes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
pl~~e cr rave renlaced, repair, or have repaired, as the case mav be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States or
any agency thereof, or the State of California, or any atlency or
political subdivision thereof, or by the City or by any pUblic or
private corporation, or by anv person whomsoever, or bv anv combina-
tion of such owners. Any such renair or replacement shall be to the
satisfaction, and subject to the aprroval, of the Citv Engineer.
6. Uti] itv Deposits - Statement
Subdivider shall file with the Citv Clerk, rrior to the commencement
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of any work to be perfonned within the area delineated on the mal),
a written statement signed by Subdivider, and each public utility
corporation involved, to the effect that Subdivider has made all
deDosits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied by
such public utilitv corporation within the Subdivision.
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Permits:
Compliance \~ith Law
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Subdivider shall, at Subdivider's expense, obtain all necessarv
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permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes re~uired bY
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. SUDerintendence by Subdivider
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Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactory to the City Engineer on the work at all times during
progress, with authoritv to act for Subdivider.
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9. Inspection by Citv
Subdivider shall at all times maintain proper facilities and
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provide safe access for inspection bv City, to all Darts r.f the
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work, and to the shops wherein the work is in preoaration.
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10. Contract Security
Concurrently with the execution hereof, Subdivider shal1 furnish
to City improvement security as follows:
(1) .~n amount E'r::ual to a.t least one hundred oercent of the total
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estimated cost of the imorovement and acts to be performed as
security for the faithful performance of this agreement;
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(2) An amount equal to at least fiftv percent of t~e total estimated
cost of the improvements and acts to be performed as securitv for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est~mated cost of the improvements and acts to be oerfc;rrr1l'c as
security for the guarantee and warrantv of the work for a period of
one (1) year following the completion and acceptance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed bv the securitv and in add-
ition to the face amount of the securitv, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred bv City in successfullv enforcing the
obligation secured. The type of security furnished shall be io the
form of bonds, deoosits or letters of credit as provided in Title
18 San Bernardino ~unicipal Code; and
the type shall be at the option of and subject to the approval of
the Citv Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold Citv, its elective and
apoointive boards, commissions, officers, agents and employees, ~nrr.less
from any liability for damage or clair:ls foY' damage for personal injurv,
including death, as \~ell as from claims for prolJcrtv damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or employees' operations under this agreement, whether such operations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider afrees to, and shall, defend City, and its
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appointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eauity for damages caused,
or alleged to have beep caused, bv reason of anv of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not, waive anv rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with Citv by Subdivider, or ?ny cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and clairos for damages of eve~y kind
suffered, or alleged to have been suffered, bv reason of anv
of the aforesaid operations referred to in this paragraph,
regardless of whether 01" not Citv has orepared, supplied or
approved of, plans and/or speCifications for the subdivision,
or regardless of whether or not such insurance poliCies shall
have been determined to be applicable to anv of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav~ obtained all insurance reauired under this paragraph and
such insurance shall have been approved ~y City Attorney as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to corrrnence ~:crk en hi s contract or subcontract until a 11
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All requirements herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, during the life of this agreement,
Workmen's Compensation Insurance for all Subdivic'er's emoloyees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require anv contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emolovees, unless such emolovees
are covered by the protection afforded bv Subdivider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under anv Workmen's
C0mpr:ns~tion Law, Subdivider shall provide and shall cause each
contractor and subcontractor to ~rovide, adequate insurance for
the protection of employees not otherwise protected. Subdivider
shall indemnify City for any damage resulting to it from failure
of either Subdivider or anv COntractor or subcontractor to take
out or maintain such insurance.
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
agreement such public liability and oroperty damage insurance
as shall insure City, its elective and apoointive boards, commis-
sions, officers, agents and employees, Subdivider ,..rod anv contra(
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniury, including death,
as well as from claims for nroperty damage which mav arise from
Subl'ivider'~. 01' any contractor's or subcontractor's operations
hereunder, whether such operatior.s be by Subdivider or anv
contractor or subcontractor, or bv anvone directly or indirectly
employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public Liabilitv Insurance
In an amount not ~€ss than $ 100,000.00
for
injuries, including, but not limited to, death, to anv
one person and, subject to the san~ limit for each
person, in an amount not less than $ 300,000.00
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00
for
damage to the property cf each person on account of anv
one occurren ce.
Ir. the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures anv entitv, oerson,
board or commission other than those mentioned in this para-
graph, such policv shall contain a standard form of cross-
1 iability endorsement, insuring on such policy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and an.y contractor 0r subcortractor
performina work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the execution
hereof, wi th satis factory evi dence of the in surance reaui red, and
evidence that each carrier is required to give Citv at least ten
days prior notice of the cancellation or reduction in coverage of
any policy during the effective period of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by Citv.
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15. Repair or Reconstruction of Defective Work
If, within a period of one vear after final acceptance of the
work oerformed under this agreement, anv structure or nart of anv
strllct'lre furni ~hec and/or ins ta 1: ed or cons tructed, or caused
to be installed or constructed bv Subdivider, or anv of the work
done under this agreement, fails to fulfill anv of the requirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without anv cost to City, repair
or replace or reconstruct anv defective or otherwise unsat;sfact-
ory part or parts of the work or structure. Should Subdivider
fail to act promptly or in accordance with this reauirement, or
should the exigencies of the Subdividi:r car. ~e notified, Citv may a
its option, make the necessarv repairs or replacements or perform
the necessary work and Subdivider shall nav to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be i,~pnts of Citv in connection with
the performance of Subdivider's Obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
engi neering inspections and otJ!/"r serv1 ces connected with the City
in regard to the subdivision.
Said fees shall be paid prior to
commencing any construction.
lB. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work,
or any severable part thereof, with such diligence as will insure
its completion within the time specified, or anv extensions th~ro~
or fails to obtain completion of said work within such time, or if
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the Subdi vi del' shoul d be adjudged a bankrupt, or Subdivi del'
should make a general assion l1ent for the benefit of Subdivider's
creditors, or if a receiver should be aprointed in the event of
SilbdlViC:u's insolvency, 01' if S\lbc~ivicer, or any of Subdivider's
contractors, subcontractors, agents or emrlovees, should violate
any of the rrovisions of this agreement, City Engineer or Citv
Council may serve written notice upon Subdivider and Subdivicer's
'surety of bt'each of thi s ag reemen t, or of any pr-rti on thereof,
and default of Subdivider,
19 Breach of Agreement; PerfonTIilnce b'l Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take ovo.:r anC: com[1lete \:he I'lOrk and the improvement
herein srecified; provided, however, that if the surety, within
five days after the serving uron if of such notice of breach,
does not give City written notice of its intention to take over
the performance of the contract, and does not commence performance
thereof within five days after notice to City of such election,
City may take over the work and prosecute the same to completion,
by contract or by any other method City may deem advisable, for
the account and at the expense of SubdividEr, and Subdivider's
surety shall be liable to Citv for any excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, apnliances, rlant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. Noti ces
All notices herein required shall be in writing, and delivered
in person or sent bv registered mail, postage prepaid.
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Notices required to be given to Citv shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
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California 92418.
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Notices reauired to be given to Subdivider shall be addressed as follows:
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Forecast Mortgage Corporation
7365 Hellman Avenue
Rancho Cucamonga, CA 91730
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Notices required to be given surety of Subdivider shall be addressed as
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follows:
Developers Insurance Company
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P.O. Box 3343, Anaheim, CA 92803
Provided t~at any party or the surety may change such address bv notice in
writing to the other partv and thereafter notices shall be addressed and
transmitted to the new address.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
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the day and vear first above written.
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CIr:J1F SAN BERNAROIN?~
d: f:, )~ .
BV~yor, - ~~ :d.j7
ATTEST:
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~/l-1~U/
thy Clerk
SUBOIVlflER
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I Approved as to form:
I ~~~:d/
Ci tv Attorney
INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed by the President or a Vice-President ar,d the
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1 Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed bv all partners. If the
3 Subdivider is an individual doing business under a fictitious name, it must
4 be signed by all nersons having an interest in the business, and the ficti-
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tious name must be signed also.
The agreement must be notarized bv the
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6 Subdivider.
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STATE OF CALlFOBNIA
COUNTY OF t;an
On May 15,
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said State, personally appeared
James Rankin
James P.
, before me, the undersigned, a Notary Public in and for
Previti
and
_, personally known to me (or proved to me on the
the corporation thereiA named, and acknowledged to me that
(This area for official notarial seal)
. OFFlCii'.L SEAL
. DARt YflE A. EVERij.~r.T
NOTARYPUBUC -CIIU:::cr.;,::,\
SAN BERNARDlNOCOUNTV
MyCanun.Expir.eJSept 15, 1989
Bernardino
1986
basis of satisfactory evidence) to be the persons who executed the within Instrument as
the President and the _Secretary, on behalf of
Forecast Mortgage Corporatio?
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